CRI225H1 Lecture Notes - Lecture 9: Roman Law
28 Aug 2018
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The old law- gov made list of every possible scenario where a person would have to use self-defense (policy implication: this was fucked up and has no relevance to the subjectivity of the context. ) Two major difficulties are identified with this overly constructed approach: firstly, to assess an accused"s actions at a time of split-second decision-making seemed both mechanical and unrealistic. If an accused is faced with an aggressive victim or if an accused is in a highly emotional circumstance, the requirement that the accused used no more force than necessary can be difficult to determine. Furthermore, the self-defense laws were so limiting that it failed to allow for exceptional circumstances, such as what arose in the lavallee case, where a battered woman killed her husband. Old requires no force that is more than necessary- new provision says that"s impossible to determine at an objective level.
